Item Coversheet

AGENDA ITEM SUMMARY

ITEM SUMMARY:

Consider denial of liability for the wrongful death of Ms. Shirley Munson, who was injured and subsequently died from injuries sustained in a car accident on May 10, 2016 at the intersection of N. 15th St and W. Broad St. Ante Litem Notice, dated October 20, 2016, from attorney Mark G. Pitts, of Kenneth S. Nugent, P.C. City Attorney Drew Whalen will address.


SPECIAL CONSIDERATIONS OR CONCERNS:

Notice alleges City maintained a nuisance from shrubbery in the intersection obstructing motorists' vision of the STOP sign on 15th St. The notice letter contains an Offer of Compromise in the amount of $1,000,000, based upon actual medical expenses in excess of $46,000. Staff has inspected this intersection and does not believe the STOP was obstructed by vegetation. The driver of the vehicle in which Ms. Munson was a passenger told the investigating officer that she was unfamiliar with the area and did not see the sign, but never mentioned anything about her vision being obstructed.

STAFF RECOMMENDATION:

Deny liability and offer of compromise. Claim has been reported to GIRMA.

FINANCIAL IMPACT:

The City is a participating Member in the Georgia Interlocal Risk Management Agency. The City has a $25,000 deductible on all claims.

ATTACHMENTS:
File NameDescription
Ante_Litem_Notice_102016.pdfPurported Ante Litem Notice
Accident_Report.pdfAccident Report
Submitted by:

Meeting Date:

City Attorney Andrew J. Whalen, III

11/8/2016

Reviewed by:

 
Kenny L. Smith